The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought.
In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
This book details the historical trajectory of the global struggle to access medicines.
Introduction Access to Medicine and TRIPS Agreement: A Historiographic
Mapping of the Tradescape Srividhya Ragavan and Amaka Vanni Part I:
International Norm Setting and Patent Metamorphosis: First Generation
1.
World Trade Organization: A Barrier to Global Public Health? Srividhya
Ragavan
2. World Health Organization: Contributions to Access to Health and
TRIPS Agreement Discourse Susan Isiko trba
3. From TRIPS to Access to
Medicines: Whats There in Between? Sergio Napolitano
4. Free Trade
Agreements: Longer, Further, Deeper Impact on Pharmaceutical Patents Bryan
Mercurio
5. From the TPP to USMCA: A High-Powered Battle over Biologics Burcu
Kilic
6. African Union Continental Free Trade Area: Opportunities for New
Regional Discourse? J. Janewa Osei-Tutu
7. U.S. Litigated Government Funded
Patents in Europe and Japan: A First Look Teo Firpo and Michael S. Mireles
Part II: State Action and the Access to Medicine Debate: Second Generation
8.
Brazil: Patent Barriers and Access to Medicine through Public Health System
Gabriela Costa Chaves, Maria Auxiladora Oliveira, and Jorge Antonio Zepeda
Bermudez
9. China: From Struggle to Surge: China's TRIPS Experience and its
Lessons for Access to Medicines Peter K. Yu
10. Canada: Access to Medicine in
High-Income Countries Gaëlle Groux and Jeremy de Beer
11. India:
Pharmaceutical Patents and Evergreen Battle for Access to Medicine Anand
Grover
12. South Africas Three Decades of Access to Medicine Discourse:
Blight or Benefit Caroline B. Ncube
13. Thailand: Shooting Star for Access to
Medicine through Compulsory Licensing Van Anh Le
14. United States:
Unilateral Norm Setting Using Special 301 Michael Palmedo Part III: Global
Patterns and Emerging Issues: Third Generation
15. Access to Medicines
Activism: Collaboration, Conflicts, and Complementarities Brook K. Baker
16.
GTPI: Experiences to Overcome IP Barriers to Increase Access to Medicine
Felipe de Carvalho Borges da Fonseca, Marcela Fogaça Vieira, and Pedro
Villardi
17. Private Sector: Right to Health Responsibilities of
Pharmaceutical Companies Emmanuel Kolawole Oke
18. Competition: Can Excessive
Pricing be Fixed through Abuse of Dominant Position? Shirin Syed
19. The
Unique World of Pharmaceutical Intellectual Property Rights Emily Michiko
Morris
20. Innovation Policies: Roadblocks to Establishing Sustainable
Pharmaceutical Innovation Policies Doris Estelle Long
21. Not Just Patents
and Data Exclusivity: The Role of Trademarks in Integrated IP Strategy
Where Lies the Public Interest? Graham Dutfield
22. Indigenous Knowledge:
Bridging with Modern Medicine Anthony C. K. Kakooza
23. Digital Divide and
Access to Medicine: The Debate Swaraj Paul Barooah Part IV: COVID-19 and
Access to Medicines Lessons from COVID-19 for Medicine Access Amaka Vanni
Srividhya Ragavan is a Professor of Law and Director of the India Program at Texas A&M University School of Law, Texas, United States.
Amaka Vanni is an Assistant Professor at School of Law, University of Leeds, United Kingdom.
Lisainfo e-raamatute kohta